Structural Safeguards in Coast Guard Suspension and Revocation Proceedings
This article examines 10 structural safeguards in Coast Guard Suspension and Revocation (S&R) Proceedings that ensure Coast Guard Administrative Law Judge (ALJ) decisional independence. These safeguards separate potential agency influences from the ALJ decision making process and are critical to mariner due process and fundamental fairness. We will start with an overview of Coast Guard S&R proceedings, followed by brief discussions of the Administrative Procedure Act, Administrative Law Judges, and U.S. Office of Personnel Management oversight.
US Coast Guard Calls for Comments on Duck Boat Rule
The US Coast Guard has issued an interim final rule on mandated requirements for DUKW amphibious passenger vessels and requested comments.The statutory mandate was enacted after the sinking of the Stretch Duck 7 on July 19, 2018, which resulted in the loss of 17 lives on Table Rock Lake, Missouri.More than seven hours prior to the accident, the National Weather Service had issued a severe thunderstorm watch for the area, followed by a severe thunderstorm warning a minute before the vessel departed the passenger boarding facility.
Fishing Vessel Facing $41,000 Fine for AIS Violation
A commercial fishing vessel is facing a potential $41,093 fine after allegedly violating automated identification system (AIS) regulations near the mouth of the Columbia River Dec. 3, 202, the U.S. Coast Guard said.The U.S. Coast Guard said it is pursuing a civil penalty against a commercial fishing vessel after its Sector Columbia River detected the vessel deactivate its AIS while underway near the mouth of the Columbia River in violation of 33 Code of Federal Regulations 164.46(d)(2).The captain declined to accept the Notice of Violation, issued for $5,000.
Electronic Navigational Charts: An Update and Some Issues
In November 2019, the Office of Coast Survey (OCS), part of the National Oceanic and Atmospheric Administration (NOAA), announced the start of a five-year program to “sunset” all raster and paper nautical charts.NOAA has produced electronic navigational charts (ENCs) since 1993. In the 2019 notice, NOAA writes that “ENC sales increased 425% since 2008, while sales of paper charts are now half of 2008 levels.”For NOAA and mariners, a focus on electronic charts and publications promises many advantages. With a singular focus, NOAA can use its resources more efficiently.
Choose Wisely: A Deep Dive into Domestic Passenger Vessels SMS Proposed Rulemaking
On January 15, 2021, the U.S. Coast Guard issued an Advanced Notice of Proposed Rulemaking (ANPRM) for Safety Management System (SMS) requirements in the domestic passenger vessel industry (Docket No. USCG-2020-0123). This requirement will have the largest implications on the domestic passenger vessel industry since the revisions of 46 CFR Subchapter T & K in the mid-90s. However, the question remains, is it necessary?Over the last three decades, the effectiveness and need for…
US Coast Guard 'Alarmed' By Mariners Turning Off AIS
The U.S. Coast Guard on Wednesday issued a warning to mariners and commercial fisherman about the dangers and legal consequences of switching off their Automated Identification Systems (AIS), citing concern over a growing number of vessels operating with the tracking equipment disabled.The Coast Guard said it has been alarmed in particular by the increase of commercial fishing and crabbing vessels disabling their AIS, purportedly in an attempt to keep their fishing spots secret…
Tech File: BioBarrier MarineMBR
The BioBarrier MarineMBR series of Type II sewage treatment plant (STP) from marine sewage and water treatment specialist Scienco/FAST is engineered to help meet the increasingly stringent needs of U.S. Coast Guard (USCG) and International Maritime Organization (IMO) water quality standards and is ideal for water reuse applications, its manufacturer says.With its decades-long history providing adaptable and proven marine sewage devices, environmentally-friendly cleaners and other industrial water management technologies…
USCG Advises on Minimizing Novel Coronavirus at Sea
The Coast Guard Assistant Commandant for Prevention Policy has published an update March 16, 2020 to MSIB: Novel Coronavirus – Update (Change 2)An outbreak of respiratory illness caused by a novel coronavirus (COVID-19) may affect mariners and maritime commerce. The Centers for Disease Control and Prevention (CDC) has updated their Interim Guidance for Ships on Managing Suspected Coronavirus Disease 2019 (see https://go.usa.gov/xdfyG) and Cruise Ship Travel (see https://go.usa.gov/xdfVP).Illness…
Captain's MMC Suspended After Alcohol-related Grounding
A tugboat captain's Merchant Mariner Credential has been suspended after it was determined that he was operating his vessel under the influence of alcohol during a grounding incident in eastern Virginia.On November 14, 2019, the tugboat Niki Jo C drifted off course and ran aground outside the main channel of the Rappahannock River.In conducting their investigation, the US Coast Guard, the Virginia Marine Resource Commission and the Richmond County Sheriff's Office tested the crew's blood alcohol content to determine if alcohol was a causative factor. The results showed that the captain of the vessel was intoxicated at the time of the incident…
Coast Guard Arrests Illegal Charter Operator in Miami
The Coast Guard terminated the voyage of the 45-foot pleasure craft, Breaking the Habit, with 12 passengers aboard Saturday near American Airlines Arena.Watchstanders determined that the vessel was operating illegally and in violation of a previous Captain of the Port order. This is the second time within a month the vessel was discovered operating as an illegal charter. A Coast Guard Station Miami Beach boarding team conducted the boarding of the pleasure craft and discovered the following violations:Violation of 46 C.F.R.
MSCI Advisory Strait of Hormuz Precautions
This revised advisory cancels U.S. Maritime Advisories 2019-004 and 2019-008.1. References: U.S. Maritime Alerts 2019-004A, 2019-003A, 2019-002A, and 2019-001A.2. Issue: Heightened military activity and increased political tensions in this region continue to pose serious threats to commercial vessels. Associated with these threats is a potential for miscalculation or misidentification that could lead to aggressive actions. Vessels operating in the Persian Gulf, Strait of Hormuz, and Gulf of Oman may also encounter GPS interference, bridge-to-bridge communications spoofing, and/or other communications jamming with little to no warning.Since May 2019, the following maritime incidents have occurred in this region:Six attacks against commercial vessels (see U.S.
USCG Stops Illegal FLA Charter Operation
The Coast Guard terminated the voyage of the 70-foot motor yacht, Isabella, with six passengers aboard Wednesday in the vicinity of Port Everglades for conducting an illegal charter despite a prior Coast Guard 7th District commander order to cease illegal charter activity.A Coast Guard Station Fort Lauderdale 33-foot Special Purpose Craft—Law Enforcement boatcrew conducted the boarding of the Isabella and discovered the following violations:Violation of 33 C.F.R. 160.105 for violation of compliance with ordersViolation of 46 C.F.R.
USCG & Liquefied Gas Cargoes as Marine Fuel
The establishment of air emissions regulations in the form of Emission Control Areas (ECA) and the approaching IMO 2020 sulfur cap have driven the search for economically, commercially, and environmentally acceptable marine fuels. With advancements in technologies and the significant growth of U.S. liquefied gas export markets, Coast Guard examiners are seeing a new trend on vessels carrying liquefied petroleum gas (LPG) and ethane; these vessels are using their cargoes as fuel…
MSCI Advisory: Regional Conflict and Piracy
2019-007-Red Sea, Gulf of Aden, Arabian Sea, Gulf of Oman, and Indian Ocean-Violence Due to Regional Conflict and PiracyDescription:This revised advisory cancels U.S. Maritime Advisory 2018-0151. References: (a) U.S. Maritime Alerts 2018-001A, 2018-002A, 2018-002B, 2018-005A, and 2018-007A2. Issues: Regional conflict and piracy threats continue to pose potential risks to commercial vessels operating in the above listed geographic areas.3. Conflict in Yemen continues to pose potential risk to U.S.
OP/ED: A Reassessment of the U.S. Marine Salvage Posture
It has been ten years since the U.S. Salvage and Marine Firefighting Regulations were published: Is it time for a reassessment of the U.S. marine salvage posture?In 1982, the National Research Council’s Committee on the National Salvage Posture prepared a study entitled, “Marine Salvage in the United States.” The goal of the report was “to assess the present national posture for coping with ship rescue salvage and towing situations for time-critical offshore salvage in general.”…
When it comes to Water Treatment, Experience Counts
Scienco/FAST, an experienced manufacturer of Marine sewage devices (MSD) recently received an extraordinary service order. Or, maybe it’s not that extraordinary.Scienco/FAST, a St. Louis, Missouri-based manufacturer has, over many years, had plenty of experience in dealing with archived orders. In fact, the firm just had a call from a client that needed to replace a part on a previously installed Scienco/FAST system. So what? Well, it turns out that the system was installed onto a domestic tugboat, way back in 1975. That more-than-43-year-old workhorse is still in service. And, so too is the Scienco/FAST system that’s been on board since it was launched.For its part, Scienco/FAST says that this is just one, of countless typical examples of how long the overbuilt Marine/FAST units can last.
2018 Green Apple Spill Exercise
Committed to providing tugboat and towing vessel operators with a platform to meet regularity requirements and collaborate with local resources, the annual event also reminds us that Proper Planning Prevents Poor Performance.On September 28 2018, American Marine Associates, LLC (AMA) coordinated and hosted the 3rd annual Green Apple Spill Response Exercise in Bayonne, NJ. The Green Apple Spill Response exercise was established specifically for the tugboat and towing vessel industry operating in New York Harbor.
USCG Posts Recap of Ballast Water Management & Technology Conference
Extensions, type approvals and next steps were all prominent on the agenda.September’s Ballast Water Management and Technology North America conference saw USCG staff from the Office of Operating and Environmental Standards and the Marine Safety Center giving conference attendees an update on various aspects of the Coast Guard’s ballast water program. Following is a recap of those presentations for our readers who were unable to attend:Ms. Regina Bergner and Mr. Matthew Reudelhuber with the Office of Operating and Environmental Standards, and Lt.
Maritime Response Services & Non-Tank Vessel Response Plans
Avoiding Potential Pitfalls and HeadachesThe summer of Sub M may be over, but the heat remains for the tugboat and towing vessel industry operating under the July 20th regulations. Owner & Operators are faced with daily challenges to continually sustain and build their businesses. As with any new regulation, there is a period of learn-ing and, even more so, interpretation by industry and by those enforcing regulations. One of the more significant matters related to this situation revolves around vessels in response services and those required to hold Non-Tank Vessel Response Plans (NT-VRP).
US Coast Guard Publishes Final Ballast Water Management Reporting Requirement
A Final Rule eliminating the requirement for certain vessels that operate on voyages exclusively within a single Captain of the Port Zone to submit an Annual Ballast Water Summary Report for calendar year 2018 has been published.The Coast Guard views this current reporting requirement as unnecessary in order to analyze and understand ballast water management practices. This final rule will reduce the administrative burden on this regulated population of U.S. non-recreational vessels equipped with ballast tanks. The final rule is effective Oct. 1, 2018.
HudsonTrident Announces Updated Facility Security Course
HudsonAnalytix, Inc. announced its maritime security subsidiary, HudsonTrident has updated its Facility Security Officer Course to reflect recent changes in the International Ship and Port Security Code Model Course.The course was reviewed by the U.S. Coast Guard and found to meet the standards of competence provided in 33 CFR 105.205, International Ship and Port Facility Security Code (ISPS) Part A/2.1.8, ISPS Code Part A/17, and the International Maritime Organization (IMO) Port Facility Security Officer (PFSO) (2015 Edition).“Our revised course and its review by the U.S.
Op/Ed: Act Now to Avoid BWMS Compliance Risks
Lately, I have been reading reports regarding the United States Coast Guard’s (USCG) escalating enforcement of ballast water discharge violations. In the first case, the USCG initiated a civil penalty proceeding against a bulk carrier for discharging ballast water in Washington State without using a USCG Type Approved Ballast Water Management System (BWMS) or other approved means. The USCG proposed the maximum penalty of $38,175. In a more recent case, the USCG issued a $5,000 fine for a similar unauthorized ballast water discharge in Oregon.
Op/Ed: The Real Story Behind the Attack on SMFF Regulations
ASA Sets the Record Straight. The U.S. salvage industry came under attack at a recent Congressional hearing on May 3 by a special commercial interest that is promoting its own agenda. The American Salvage Association (ASA) intends to set the record straight. At the hearing, the attacking group made false allegations that the Salvage and Marine Firefighting (SMFF) resource providers are not willing or contractually obligated to respond and lack the resources to meet regulated response requirements. At the same hearing, this group also criticized the U.S.